The late Duel.
Trial of Mr STUART of Dunearn, for the late Duel, in which Sir
ALEXANDER BOS WELL, of Auchinleck, lost his life, which
came on at Edinburgh on Monday last, the 10th June, 1822.,
with an account of its final result.
High Court of Justiciary, 10th June, 1822.?This day, at ten o'clock, Mr Stuart enter
ed the Court by way of the Judges' Robing Room, it being impossible for him to gain ad-
mittance any other way, owing to the passages being completely chocked up. He was ac-
companied by the Earl of Moray, Admiral Fleming, Captain Gordon, and David Erskine,
Esq. and son, of Cardross. Several of Mr Stuart's particular friends, who were advocates.
had previously taken their seats; among these was Mr Ferguson of Baith,?A number of
nobility were accommodated with seats on the bench, among whom was Prince Czarto-
rinski. The Solicitor-General entered the Court a little after ten, and a little time after,
the Lord Advocate entered. The other Crown Counsel were, R. Dundas, Esq. D. M'Neill,
Esq. ? Menzies, Esq.
Their Lordships took their seats precisely at half-past ten. Present, the Lord Justice
Clerk. Lord Hermand, Lord Gillies, Lord Pitmilly, and Lord Succoth. The Clerk having
read the indictment, the Lord Justice Clerk demanded of the accused his plea to the
charge contained therein. Mr Stuart, in an audible voice, " My Lord, I am not guilty."
After a long speech by Mr Cockburn with regard to the relevancy of the indictment, in
which several clauses were not dwelt upon, the following individuals were appointed to
constitute a jury:?
Thomas Adinston of Carcant; William Pagan of Linburn ; John Wauchope of Edmon-
stone ; Sir Alexander Charles Maitland Gibson of Cliftonhall, Bart. ; Sir John Hope of
Craighall, Bart ; James Watson of Saughton ; James Haig of Lochrin ; John Thomson
of Burnhouse; Iohn Anderson of Whitburgh ; Sir James Dalyell Bart, of Binns ; James
Dundas of Dundas ; David Brown, clothler in Edinburgh ; Robert Paterson, ironmonger
there; Thomas M'Ritchie, wine merchant, Leith ; William Telfer, merchant there.
After the examination of witnesses, the jury consulted for a few minutes in the box,
when Sir John Hope, their Chancellor, delivered a unanimous verdict of?NOT GUILTY.
The verdict was received with loud cheers from without the doors, and with marked
approbation from within.
The trial lasted eighteen hours, and was not finished till near five next morning. The
Court continued crowded during the whole time.
When Mr Cockburn alluded in his speech to the fatal end of Sir A. Boswell, Mr Stuart
burst into tears.
Counsel for the accused, Francis Jeffrey, H. Cockburn, J. Moncrieff and T. Maitland,
It is impossible to conceive the interest which this, trial excited throughout the city.
The doors were crowded as early as seven in the morning, and before they were opened the
Parliament Square was almost filled with people. Great tumult was occasioned by the re-
sistance given to the police in their attempt to clear the doors, so much so that they were
often induced to use considerable violence. The scene, in short, was almost unparalelled
in the whole history of the trials which have taken place.
W. Carse, Printer, Glasgow.
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Date of publication:
1822 shelfmark: L.C.Fol.73(032)
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